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Virginia CZM Program Public Notices

The Virginia CZM Program is a networked program of state agencies and local governments (authorized by Executive Order 35).  This network administers the enforceable laws and regulations that protect our wetlands, dunes, subaqueous lands, fisheries, and air and water quality. To maintain an effective network, Virginia's CZM Program is periodically updated to reflect changes made to coastal law and regulation.  This process of updating the program, if it is significant change, is referred to a Program Amendment. If it is a less significant change, it is referred to as a Routine Program Change (RPC).

Because the laws and regulations incorporated into the Virginia CZM Program are used for Federal Consistency determinations, this process is a crucial part of maintaining a strong Program and state agency participation in this RPC process is essential. Incorporated programs are also eligible to receive funding support through a Virginia CZM Program grant. 

Public notice is a very important part of the routine program change process and this process generates most of the public notices issued by the Virginia CZM Program.

Subject Type of Notice Copy of Documents Copy of the Public Notice Public Comment Period Contact Person
Changes to Enforceable Policies of Virginia Coastal Zone Management Program Opportunity to Comment See notice directly below. See notice directly below. 21 days from the date that the notice is posted by NOAA See notice directly below for instructions.

 

Virginia Coastal Zone Management Program

Public Notice of Changes to Enforceable Policies and Opportunity to Comment
Comment Period expires 21 days from the date of publication

Notice of Intended Action:

The federal Coastal Zone Management Act (CZMA) requires that federal actions be consistent with the policies of federally approved state coastal management programs. This authority provided to states is known as the CZMA “Federal Consistency” requirement. Under the terms of the CZMA and its implementing regulations, the policies of the state used to assess the consistency of federal actions are referred to as “enforceable policies.” These policies must be approved by the National Oceanic and Atmospheric Administration (NOAA) in order to be applied in the review of federal actions for consistency.

In order to provide a more easily understood and readily accessible statement of enforceable policies of the Virginia Coastal Zone Management (CZM) Program, the state has developed a narrative statement of the enforceable policies of the Program. These narrative statements summarize, in plain language, the requirements of the underlying statutory and regulatory requirements of the Virginia CZM Program, and are to be referred to by federal agencies, and federal license and permit applicants when assessing whether their proposed actions may have reasonably foreseeable effects on coastal uses or resources of the Virginia coastal zone, and are consistent with the enforceable policies of the Virginia CZM Program.

Purpose of the Notice:

As required by 15 CFR Section 923.81 of the federal Coastal Zone Management Act regulations, notice is hereby given that the Virginia CZM Program has requested review and approval by NOAA’s Office for Coastal Management of the narrative policies as a change to the Virginia CZM Program. The requested program change includes modification of the following existing enforceable policies of the Virginia CZM Program into a narrative format (note that these titles may differ from the current Virginia CZM Program policies’ titles):
(I) Tidal Wetlands and Non-Tidal Wetlands; (II) Subaqueous Lands;
(III) Dunes and Beaches;
(IV) Chesapeake Bay Preservation Areas;
(V) Marine Fisheries;
(VI) Wildlife and Inland Fisheries;
(VIII) Commonwealth Lands;
(IX) Point Source Air Pollution;
(X) Point Source Water Pollution;
(XI) Nonpoint Source Water Pollution; and
(XII) Shoreline Sanitation.

Additionally, the requested program change includes the incorporation of the following new enforceable policies, in a narrative format, into the Virginia CZM Program: Wildlife and Threatened and Endangered Species and Nonindigenous Aquatic Nuisance, Predatory, or Undesirable Species as subsections in
(VI) Wildlife and Inland Fisheries; and
(VII) Plant Pests and Noxious Weeds.

To Review Documents:

A copy of this Program Change submission is available at https://coast.noaa.gov/czmprogramchange/#/public/home.

If you require paper copies of these documents, please contact the Virginia CZM Program through Shep Moon at 804-698-4527 or shep.moon@deq.virginia.gov. If you have any questions about the Virginia CZM Program’s submission, please contact Bettina Rayfield at 804-698-4204 or bettina.rayfield@deq.virginia.gov.

How to Comment:

Comments on this proposed program change should be submitted directly to the National Oceanic and Atmospheric Administration (NOAA) by within 21 days of the date of this publication through NOAA’s Program Change Portal at: https://coast.noaa.gov/czmprogramchange/#/public/home

Public Comment Period:

21 days from the date of publication

Program Change Notification List:

If you received this program change public notice via a forwarded email but are not the agency contact listed in the initial email, and you would like to be added to the Virginia CZM Program change notification list, please email your contact information to virginia.witmer@deq.virginia.gov. Please use “Add to Program Change Notification List” as the subject line of your email.

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For comments or questions concerning this program's web pages, contact Virginia Witmer.

This website is provided by the Virginia Coastal Zone Management Program through a federal Coastal Zone Management Act grant from the National Oceanic and Atmospheric Administration, US Department of Commerce.

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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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